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Program Description

Bringing an estate smoothly through probate is one of the best ways to help families deal with the death of a loved one. Although some estates are contentious and nasty, most of them can be efficiently and effectively handled so families can tie up legal loose ends and gain a sense of closure. Do you know the proper procedural steps for getting an estate through probate? Your role is vital - and knowing what to do can be easy with our authoritative reference materials.

From the convenience of your desk, you can gain all the tips and pointers you need to help get an estate through probate in a smooth and timely fashion. You'll have - at your fingertips - useful techniques for filing an estate in probate court, building solid working relationships with executors or administrators, preparing and filing the inventory and helping to administer the estate. You'll also know how to determine immediate spousal support, deal with estates where there isn't a will, and properly close the estate. Enhance your effectiveness when encountering common probate challenges - order these materials today!

Course Content

How to File an Estate in Probate Court

Working With Executors and Administrators

Inventory and Appraisement

Administration of the Estate

Legal Ethics

Dealing With Spouse's Elective Shares

Law of Intestate Succession

Final Accounting and Closing the Estate

Agenda / Content Covered

HOW TO FILE AN ESTATE IN PROBATE COURT8:30 - 9:15, Trevor Weston

Distinctions Between the Modest and Larger Estate

The Estate Timetable and What Needs to be Done

Steps for Proving the Will

Steps for Challenging the Will

WORKING WITH EXECUTORS AND ADMINISTRATORS9:15 - 10:00, John T. Klees

Duties of Executors or Administrators During the Probate Process

Paralegal Contact With Executors or Administrators

How Misconduct and/or Removal of Executors or Administrators is Handled

Compensation

Special Administration

Duties of the Attorney for the Executor - Who is the Client?

INVENTORY AND APPRAISEMENT10:15 - 11:00, Matthew S. Fedor

Locating Insurance Policies, Deeds and Other Ownership Documents

Obtaining a Tax ID and Marshaling Property

Preparing the Inventory and Appraisal Forms

Dealing With the Probate Referee

Managing Decedent's Assets During Probate

Handling Common Valuation Issues

When to Hire a Valuation Specialist or Appraiser

ADMINISTRATION OF THE ESTATE11:00 - 11:45, John T. Klees

Dealing With Creditors' Claims

Disclaimers

Assisting With the Estate Cash Management

Insolvency

Preparing Partial Distributions

LEGAL ETHICS11:45 - 12:45, Eric S. Faulkner

Distinguishing Between Privileged and Non-Privileged Communications

When the Client Asks for Legal Advice - Knowing How to Say "No"

Protecting Your Firm From Malpractice Actions - Tools You Can Use to Meet Deadlines

DEALING WITH SPOUSE'S ELECTIVE SHARES1:45 - 2:30, A. Michelle Lane

Homestead Allowance

Dower and Curtesy

Spousal Rights and Personalty

Rights of Election

Procedures

LAW OF INTESTATE SUCCESSION2:30 - 3:30, Matthew S. Fedor

Who Can Inherit - Degrees of Kinship and Order of Inheritance

Determining the Share Size

Exceptions and Bars to Inheritance

FINAL ACCOUNTING AND CLOSING THE ESTATE3:45 - 4:40, Nicolas Camargo

Estate Accounting Procedure

Closing Certificate for Fiduciaries

Closing Decedent's Remaining Accounts

Personal Representative and Attorney Compensation

Extraordinary Services Compensation

When Reopening the Estate is Warranted

Accreditation Details:

Credit Information

Paralegal EducationNALA
- 5.75

including -
Ethics: 0.80

This seminar meets the requirements of the Certifying Board for Legal Assistants of the National Association of Legal Assistants, Inc., for 5.75 hours, including 0.8 ethics, of continuing legal assistant education self-study credit required to maintain the CLA (Certified Legal Assistant) credential.

NICOLAS CAMARGO is a senior attorney with Foster Swift Collins & Smith PC, and a part-time magistrate serving in the 52/3 District Court in Rochester Hills, Michigan. Mr. Camargo focuses his practice on probate administration and estate planning, with a specialization in probate litigation, will contests and trust contests. He also represents various mid-sized businesses in day-to-day transactional matters, as well as their commercial litigation needs. Mr. Camargo, formerly an Oakland County assistant prosecutor, has tried numerous cases and has represented several state agencies, such as the Michigan Department of Human Services and the Michigan Department of Environmental Quality. Mr. Camargo is admitted to the State Bar of Michigan and in all Michigan state courts. He is also admitted to practice before the Federal District Court for the Eastern District of Michigan. He is a member of various organizations, including the Oakland County Bar Association and the State Bar of Michigan, including the Litigation and Estate Planning sections. He received his B.A. degree from Marquette University and his J.D. degree from Michigan State College of Law.

ERIC S. FAULKNER is an experienced trial attorney with nearly a decade of litigation practice behind him. Currently serving a judicial clerkship with the Eastern District of Michigan Bankruptcy Court, Mr. Faulkner's background also includes trial work involving family law, construction litigation, professional liability defense, and a variety of other practice areas. In 2014, he was named a Rising Star by Florida Super Lawyers for the third straight year. As a litigator and counselor, Mr. Faulkner has observed and counseled with people suffering from various addictions, including sexual addictions, food addictions, and substance abuse. He believes that with the right approach and encouragement, destructive addictive behaviors can be not only managed but defeated, allowing the former addict to walk in freedom and victory. He is a member of the Orange County Bar Association, Young Lawyers Division (2011 - present); Central Florida Bankruptcy Law Association; and the Federal Bar Association, Judiciary Division. Mr. Faulkner earned his B.A. degree from the University of Central Florida and his J.D. degree, cum laude, from the University of Akron.

MATTHEW S. FEDOR is an attorney at Foster Swift Collins & Smith PC, where he focuses his practice in estate planning, business succession planning, probate, and trust administration, guardianship and conservatorship, and litigation matters. He is admitted to practice in all Michigan state courts, including the U.S. District Court for the Eastern District of Michigan. Mr. Fedor is a member of the State Bar of Michigan, Oakland County Bar Association, and the Detroit Metropolitan Bar Association. He received his B.S. degree from Indiana University and his J.D. degree, cum laude, from Michigan State University College of Law.

JOHN T. KLEES is an attorney with the law firm of Rhoades McKee PC, and has more than 25 years of experience. He concentrates his practice in basic and high-net-worth estate planning, including asset protection planning, business succession planning, wills and trusts, elder law, Medicaid planning, post-death estate and trust administration, estate and gift-tax planning, and tax and probate litigation. Serving a diverse client base from Detroit through the Lakeshore, Mr. Klees develops and implements estate planning services, including but not limited to planning, drafting, and/or maintenance of wills; revocable trusts; family cottage succession plans; wealth transfer plans; durable powers of attorney; and probate avoidance. He also assists clients in connection with the post-death administration of estates and trusts, and the probate process, in contested and uncontested situations. Mr. Klees represents many clients who are business owners, including closely-held, family-owned, and solely owned corporations (including professional corporations, C corporations and S corporations), partnerships, limited liability companies, and sole proprietorships. His experience enables him to advise and counsel business succession planning, including buy-sell, stock purchase, and similar shareholder agreements and recapitalizations. Mr. Klees is licensed to practice law in the United States Tax Court. Mr. Klees is a member of the Grand Rapids Bar Association, the State Bar of Michigan (Taxation and Probate Planning sections), the West Michigan Estate Planning Council (member and director), and the American Bar Association (Real Property, Probate, Trust Law, and Taxation sections). He earned his B.A. degree from the University of Kentucky; his LL.M. degree from New York University School of Law; and his J.D. degree, cum laude, from Detroit College of Law.

A. MICHELLE LANE is an attorney with Chalgian & Tripp Law Offices PLLC, in East Lansing, focusing her practice in the areas of estate and trust administration and estate planning. She is admitted to practice in both Michigan and Ohio. Ms. Lane serves on the board of the Greater Lansing Estate Planning Council. Prior to joining Chalgian & Tripp, she was a staff attorney with Legal Services of South Central Michigan practicing both elder law and family law. Ms. Lane has also completed the 40-hour general civil mediation training offered by the Institute of Continuing Legal Education. She earned her undergraduate degree from Ohio Northern University and her J.D. degree from the University of Toledo College of Law.

TREVOR WESTON is a partner with the firm Foster Swift Collins & Smith PC, in Birmingham, Michigan. Mr. Weston has been practicing law for more than ten years and focuses his practice on the areas of estate planning, probate and estate administration, as well as the general litigation needs of his firm’s clients. He is admitted to practice in all Michigan state courts, the Federal District Court for the Eastern District of Michigan, as well as the Sixth Circuit Court of Appeals. Mr. Weston is a member of the State Bar of Michigan, Oakland County Bar Association, the Federal Bar Association for the Eastern District of Michigan, and Michigan Defense Trial Counsel, as well as the Estate Planning sections of the State Bar of Michigan and Oakland County Bar Association. He graduated with his B.A. degree from Hope College in Holland, Michigan and earned his J.D. degree from Michigan State University College of Law.